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The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide - Reddy Neumann Brown PC

The employment-based green card process is a multi-step process that enables foreign nationals to live and work completely in the U.S. The process can be made complex and prolonged, but for those seeking irreversible residency in the U.S., it is a vital step to accomplishing that objective. In this short article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the primary step in the employment-based permit procedure. The procedure is created to make sure that there are no qualified U.S. employees offered for the position and that the foreign employee will not negatively impact the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the task description for the sponsored position. Once the task information are completed, a dominating wage application is sent to the Department of Labor (DOL). The prevailing wage rate is specified as the typical wage paid to likewise employed workers in a specific occupation in the location of designated work. The DOL concerns a Prevailing Wage Determination (PWD) based upon the particular position, job tasks, requirements for the position, the location of intended employment, travel requirements (if any), amongst other things. The dominating wage is the rate the employer should a minimum of use the permanent position at. It is likewise the rate that should be paid to the worker once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring employer to test the U.S. labor market through various recruitment approaches for "able, willing, certified, and offered" U.S. workers. Generally, the employer has 2 options when deciding when to start the recruitment process. The company can begin advertising (1) while the prevailing wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:

- 30 day job order with the State Workforce Agency serving the location of intended employment;
- Two Sunday print ads in a newspaper of general flow in the location of desired work, a lot of suitable to the profession and probably to bring responses from able, prepared, qualified, and offered U.S. employees; and
- Notice of Filing to be published at the task site for a period of 10 successive company days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be posted. The company should select 3 of the following:

- Job Fairs
- Employer's company site
- Job search website
- On-Campus recruiting
- Trade or professional organization
- Private employment companies
- Employee referral program
- Campus positioning workplace
- Local or ethnic newspaper; and
- Radio or TV advertisement

During the recruitment process, the company may be evaluating resumes and carrying out interviews of U.S. employees. The employer must keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who made an application for the position, the number who were talked to, and the factors why they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no certified U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the recipient's top priority date and determines his/her place in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not needed to send supporting paperwork when a PERM application is submitted. Therefore, the DOL executes a quality assurance process in the type of audits to ensure compliance with all PERM regulations. In case of an audit, the DOL typically requires:

- Evidence of all recruitment efforts carried out (copies of advertisements put and Notice of Filing);.
- Copies of candidates' resumes and finished employment applications; and.
- A recruitment report signed by the company describing the recruitment actions carried out and the outcomes achieved, the variety of hires, and, if applicable, the number of U.S. applicants turned down, summarized by the specific legal occupational reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are added to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will receive it from the DOL. The approved PERM/Labor Certification confirms that there are no competent U.S. employees readily available for the position which the recipient will not adversely affect the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the authorized PERM application and proof of the recipient's certifications for the sponsored position. Please note, depending upon the preference category and nation of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 modification of status application concurrently if his/her top priority date is current.

At the I-140 petition stage, the company should likewise demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to show capability to pay:

1. Evidence that the wage paid to the recipient is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company's net income amounts to or higher than the proffered wage (annual report, income tax return, or audited financial statement); OR.
3. Evidence that the company's net assets are equivalent to or greater than the proffered wage (annual report, income tax return, or audited monetary statement).

In addition, it is at this phase that the company will pick the employment-based choice classification for the sponsored position. The classification depends on the minimum requirements for the position that was noted on the PERM application and the worker's credentials.

There are a number of classifications of employment-based permits, somalibidders.com and each has its own set of requirements. (Please note, some classifications might not require an authorized PERM application or I-140 petition.) The categories consist of:

- EB-1: Priority Workers.
- EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
- EB-3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
- EB-4: Certain Special Immigrants.
- EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will evaluate it and might ask for additional info or documents by releasing an Ask for adremcareers.com Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to identify if there is a readily available permit. The real green card application can just be filed if the recipient's concern date is current, meaning a green card is right away available to the recipient.

On a monthly basis, the Department of State publishes the Visa Bulletin, which summarizes the accessibility of immigrant visa (green card) numbers and indicates when a permit has ended up being offered to a candidate based on their preference classification, nation of birth, and priority date. The date the PERM application is submitted develops the beneficiary's concern date. In the employment-based immigration system, set a limit on the number of permits that can be released each year. That limit is presently 140,000. This indicates that in any given year, the optimum number of permits that can be provided to employment-based applicants and their dependents is 140,000.

Once the recipient's priority date is current, he/she will either go through adjustment of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes applying for the permit while in the U.S. After an adjustment of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This information will be utilized to carry out required security checks and for referall.us eventual production of a green card, work authorization (work permit) or advance parole document. The beneficiary might be alerted of the date, time, and area for an interview at a USCIS office to address questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will evaluate the beneficiary's case to determine if it fulfills one of the exceptions. If the interview is effective and USCIS authorizes the application, the recipient will get the green card.

Consular Processing

Consular processing includes looking for the green card at a U.S. consulate in the recipient's home nation. The consular office sets up an appointment for the recipient's interview when his/her concern date becomes existing. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the green card. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and determine whether to admit the beneficiary into the U.S. If confessed, the recipient will receive the green card in the mail. The green card functions as evidence of permanent residency in the U.S.